59Directions may be issued in relation to restrictive practices

59 Directions may be issued in relation to restrictive practices

(1)  The Senior Practitioner may, by notice in writing to a disability services provider, direct the provider to do any of the following:

(a) to discontinue a restrictive practice authorised under section 52 or section 58(1)(g) ;

(b) to discontinue or alter, as specified in the notice, a practice or procedure used by the provider;

(c) to follow a practice or procedure, specified in the notice, in the use of a restrictive practice that has been authorised under section 52 or section 58(1)(g) .

(2)  The Senior Practitioner may only give a direction under subsection (1) if the Senior Practitioner has considered the matters referred to in section 52(4) and (5) .

(3)  A disability services provider to whom a direction under subsection (1) is given must comply with the direction.

Penalty:  Fine not exceeding 200 penalty units.

(4)  If a direction is given under subsection (1) to discontinue a restrictive practice, or a practice or procedure used in a restrictive practice, the Senior Practitioner may provide assistance to identify alternative strategies or less restrictive practices for use in the management of the behaviour of the person in relation to whom the restrictive practice is to be discontinued.

(5)  The Senior Practitioner must, as soon as practicable after giving a direction under subsection (1) , give notice in writing of that direction to the person with disability affected by that event or a person nominated by that person with disability.